Full disclosure: Brian Higgins is a friend, former client, fellow paratrooper.
Judge Rose has a penthouse suite courtroom on the 9th floor of the Federal Building in Dayton. Or maybe I should call it “Day on” since someone stole the 2 “T”‘s from the sign on the promenade that used to say “DAYTON FEDERAL COURT.” (yeah, I should have taken a photo).
At 1:30 PM today, a hearing was held, which was supposed to be where the feds argued about the qualifications and admissibility of an expert witness’ testimony on insurance fraud with Higgin’s 2 court appointed attorneys. That’s called a Daubert hearing- and that’s not what happened today.
Instead, the defense lawyers asked for Higgins to be sent to Federal prison psychiatric facility to judge his competence. They both admitted this was a very strange request, and said that Higgins is obviously a very smart man, and it’s not a question about does he understand what is happening to him, but, that he has a strange deeply ingrained idea that he’s being persecuted by the feds because of something they claim to be “unrelated” to this case- and that it’s causing problems in providing a defense.
The Federal prosecutors agreed, and so, eventually did the judge. Higgin’s was remanded to federal custody at the end of the hearing, to be taken to a federal facility that his attorney’s and the judge agreed to, where he’ll spend some time being evaluated by a psychiatrist or three.
Higgins, spoke after his lawyers and before the feds, clearly, elegantly and concisely. The average person watching would be confounded to understand how anyone could listen to him- and still think he’s not competent to stand trial. Higgins said he has now fully accepted that “the ship has sailed” on his argument that this whole case against him was trumped up charges by the feds to silence him on his claims of corruption in Chicago and that former Chicago Mayor Rahm Emanuel had been covering up sex crimes against children, and awarded a contract to dispose of bodies in Chicago to a convicted child molester. Higgins now says- yes, this whole case is about a fish tank, and said he would no longer bring up “the children.”
Mention was made of this video- that’s been posted on a site “What about the children, Rahm” since before the feds took Higgins into custody on what is basically not part of a “culture of corruption” in local government- but of basic insurance fraud on April 30 2019. Note, the video upload date: Apr 3, 2019
Higgins was headed into the Feds office on the pretense that he was going to share his binders of information on corruption in Chicago and pay to play. Instead, it was a ruse by the feds to arrest him along with former Dayton City Commission Joey Williams (who had turned himself in that morning) and Clayton Luckie and RoShawn Winburn who were both brought in wearing hand cuffs.
The reality is, the Feds failed massively in undoing the “culture of corruption” in Dayton- and to date have handed out meaningless slaps on the wrist to all part of this huge conspiracy that only seems to be perpetrated by Black men in the community.
Now, with Higgins spending some time in custody, the embarrassed feds just gained an excuse to drop their charges and claim a pyrrhic victory after Higgins is found competent and sent back. The problem they are facing is that Higgins isn’t crazy- he’s just trying to talk about something the feds don’t want to talk about- in Chicago or Ohio. How is it that Larry Householder is still in office despite being caught smack in the middle of a $60M pay to play scheme? And Joey Williams had to turn states witness and resign from office? Is it that Householder is white?
You have to know that Williams can’t award a contract by himself as a city commissioner. Word is, prosecutors were playing all kinds of recordings of Dayton Mayor Nan Whaley to the Grand Jury- claiming a sure conviction- before just dropping all pursuit of her for misdeeds. How does the public get to the bottom of this? We can’t count on the hapless feds to do their duty.
If you, or your business was asked to donate to issue 9, or to Mayor Whaley’s campaign for Mayor or Governor with some kind of promise of favored status on contracts or tax abatement or incentives, I want to hear from you. Email [email protected] or call 937.985.1312 all sources will be kept confidential.
The day the feds announced the indictments, I was there with my video camera and got to ask the first question when they asked for questions from the press. Then as now, I asked how Wright State could “lose” $130M in 5 years, be found guilty of an H1B visa scandal, where a government run university was fined by the government a million dollars- and how this transfer of money from one hand of government to the others didn’t bring a single indictment or arrest?
The government’s case against Higgins, Williams and Winburn was built around a feckless confidential informant who is well known by anyone with a brain who can add 2+2 together and get 4. I published his name almost right away, the Dayton Daily did much later. The only person who seems to think this guy is worth protecting is the incompetent prosecutor who seems to have a vendetta out against Higgins.
In his own words, Higgins told the judge today that at one point, the prosecutor handed him a list of misdemeanors and to pick one to plead to- and this case would go away. Higgins stood on principle and refused. My only question is why the judge isn’t sending the federal prosecutors away for a psychiatric evaluation at this point, because this case has redefined the word crazy.